108 THE HONGKONG GOVERNMENT GAZETTE. 15TH FEBRUARY, 1890.
Ropenia.
Saving for
army, navy And marine Acts.
(42 & 43 V. c. 49, s. 59.)
Construction and applica- tion. (Ibid., B. 54.)
Forms.
Police Magistrates. (No. 16 of 1875, 8.8, 3 & 14.)
Marine Magistrates. (Ibid, 8. 14.)
Respondent means the opposite party or parties whose interests conflict with the interest of any person
appealing within the meaning of the said last mentioned section.
Prison means the Victoria Gaol.
3. The Ordinances mentioned in the 1st Schedule hereto to the extent mentioned in the third column of that schedule are hereby repealed.
Provided that such repeals shall not be taken to revive any Ordinance repealed by any Ordinance mentioned in the schedule nor shall affect
(1.) Anything duly done or suffered before the coming into operation of this Ordinance under any Ordi- nance hereby repealed
(2.) Any right or privilege acquired or any liability incurred before the coming into operation of this Ordinance under any Ordinance hereby repealed; (3.) Any imprisonment, fine, forfeiture or other pun-
ishment incurred or to be incurred in respect of any offence committed before the coming into operation of this Ordinance under any Ordinance hereby repealed; or
(4.) The prosecution to its termination of any investi- gation or legal proceeding or any other remedy for prosecuting any such offence or ascertaining, "enforcing or recovering any such liability, impri- sonment, fine, forfeiture or punishment as afore- said commenced or instituted before the coming into operation of this Ordinance, and any such investigation legal proceeding and remedy may be carried on as if this repeal had not been enacted. Where any unrepealed Ordinance in- corporates or refers to an provisions of any Ordi- nauce hereby repealed, sich unrepealed Ordi- nance shall be deemed to incorporate or refer to the corresponding provisious of this Ordinance. 4. The provisions of this Ordinance which enable a Magistrate notwithstanding any enactment to the contrary to impose imprisonment without hard labour and to reduce the prescribed period thereof or to do either of such acts and in the case of a fine if it be imposed as in respect of a first offence to reduce the prescribed amount thereof and in the case of imprisonment to impose a fine in lieu of imprison- ment, shall not apply to any proceedings taken under any Act of Parliament relating to any of Her Majesty's regular or auxiliary forces.
5. (1.) Nothing in this Ordinance shall authorise a Magis- trate to reduce the amount of fine, where the Ordinance or Statute prescribing such amount, carries into effect a treaty convention or agreement with a foreign State and such treaty convention or agreement stipulates for a fine of a minimum amount.
(2.) Nothing in this Ordinance shall affect any special procedure provided in any Ordinance not hereby repealed.
6. The forms in the 2nd Schedule hereto or forms to the like effect shall be deemed good, valid and sufficient in law. Reference to the forms in the said schedule is made in the following parts of this Ordinance in connection with the subjects to which they respectively relate by the insertion of numbers corresponding to the numbers of the said forms.
PART II.
Constitution of Magistrates.
7. There shall be as heretofore two Magistrates who shall be Justices of the Peace by virtue of their office and shall have and exercise all such powers and jurisdiction as were vested in Police Magistrates before the coming into operation of this Ordinance except as altered or repealed by this or any other Ordinance; and whenever by any past Ordinance or Statute in force in the Colony any proceeding act or thing is authorised to be taken or done by a Justice or Justices of the Peace the same may be taken or done by one Magistrate. The Magistrates now in office are continued therein as fully as if they were appointed under this Ordinance, and the Governor may appoint others from time to time as vacancies occur.
8. There shall as heretofore be a Marine Magistrate who shall have the power and authority of a Magistrate to hear and determine cases of assault and assault and bat- tery where there is no intent to commit a felony and the provisions in this Ordinance contained, in relation to the procedure before a Magistrate in such cases, shall apply mutatis mutandis to cases before the Marine Magistrate.